About 1456 results

NISHANT
NISHANT MEHROTRA 16 Feb 2018

mere allegation that no-claim certificate has been obtained under financial duress and coercion, without there being anything more to suggest the same, does not lead to an arbitrable dispute.
SC :: in M/s ONGC Mangalore Petrochemicals Ltd. Vs.M/s ANS Constructions Ltd. & Anr. :: A party cannot be permitted to raise arbitration dispute after accepting full and final payment of the contractual amount.  The Court observed that mere allegation that…

NISHANT
NISHANT MEHROTRA 14 Feb 2018

Trial court should rely on print out of order uploaded on official website of high court.
Bombay High Court :: Trial court should rely on print out of order uploaded on official website of high court.Print out of orders of high court from the official website has sanctity and the trial Courts are expected to consider…

NISHANT
NISHANT MEHROTRA 11 Feb 2018

Where a law firm has issued notice of demand and it has no authorization for the same, such notice of demand cannot be considered to be a demand notice under sub-section (1) of section 8 and petition under section 9 is not maintainable.
NCLAT :: In Kumar Jyoti Ranjan & Ms Priyanka Kumari vs. Innovation House Industries (P.) Ltd. :: Insolvency and Bankruptcy Code, 2016 – Section 9 read with section 8 – Corporate Insolvency Resolution Process – Initiation by operational creditor –…

Fatih Cemal
Fatih Cemal Karaaytu 10 Feb 2018

Removing Partners in Limited Liability Companies in Turkish Law
There are 3 different ways to end of partnership tittle of partners in Limited Liability Companies: share transfer, expulsion and removal. Before the new Turkish Commercial Code, expulsion could be by General Counsel of Partnership decision or court order. To be…

LEXSTREET ADVISORS LLP

SECURITIES LAW UPDATE
Securities Law update :  SEBI is  coming out with regulations on Corporate bonds soon to encourage companies to tap this route, says SEBI Chairman, Mr. Ajay Tyagi. He further said that the government's proposal to mandate listed companies to raise…

NISHANT
NISHANT MEHROTRA 10 Feb 2018

Arbitration and Conciliation Act, 1996 - Discharge of a contract - Meaning of - Effect of  fraud/coercion/undue influence thereon - arbitrability of the dispute :: Discharge of a contract by an agreement
SC :: in M/s ONGC Mangalore Petrochemicals Ltd. Versus M/s ANS Constructions Ltd. & Anr. dt. 07.02.2018 :: Arbitration and Conciliation Act, 1996 - Discharge of a contract - Meaning of - Effect of  fraud/coercion/undue influence thereon - arbitrability of…

NISHANT
NISHANT MEHROTRA 9 Feb 2018

Court permits use of Skype for compromise
Karnataka High Court :: in Rahul Chandra Kone Vs. Jahanvi :: Husband, residing in USA, permitted to participate in compromise proceedings in family court via online video calling facility Skype.

NISHANT
NISHANT MEHROTRA 8 Feb 2018

Securitisation Application under Section 17(1) of the SARFAESI Act is maintainable only when actual/physical possession is taken by the secured creditor or the borrower loses actual/physical possession of the secured assets.
Allahabad High Court :: Full Bench :: in M/s N.C.M.L. Industries Ltd. through Director and another Vs. Debts Recovery Tribunal, Lucknow and others :: Securitisation Application under Section 17(1) of the SARFAESI Act is maintainable only when actual/physical possession is…

NISHANT
NISHANT MEHROTRA 6 Feb 2018

Second marriage after conversion to Islam is void and also bigamy
SC :: Second marriage after conversion to Islam is void and also bigamy.Ss.5(I),11,13 and 15 - Bigamy - Husband already married under Hindu Law, by embracing Islam, solemnising a second marriage under Muslim law.Held, that would not result in dissolution…

NISHANT
NISHANT MEHROTRA 6 Feb 2018

Party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration as long as it raises an objection in the WS
Delhi High Court :: in Parasramka Holdings Pvt. Ltd. vs Ambience Private Ltd. & Anr. :: Party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration…
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